SC begins final hearing on 'fake encounter cases'
Source: Hueiyen News Service

Kangpokpi, December 03 2015: The final hearing on the Manipur fake encounter cases began on Thursday from 12 noon and continued till 4 pm at Court No 8 of the Supreme Court, New Delhi.

The social justice bench comprising of Justice Madan Kokur and Justice U Lalit heard the arguments put forth by both the sides.

According to sources, the Attorney General who represented Union of India strongly placed before the bench that army personnel are killing the "enemies" .

In the post lunch hearing, the bench asked the counsel to define "enemies' in the next hearing.

SC begins final hearing on 'fake encounter cases'

The Amicus Curie drew the attention of the bench in countering the argument of the Attorney General by referring the case of 12-year old boy Azad Khan.

She highlighted the finding of the district judge on Azad Khan case and informed that the district judge found that "gun was planted besides Azad Khan after he was shot dead." She asked the Apex Court how a 12-year old boy could possibly be an "enemy" .

Sources told Hueiyen Lanpao that jurisdictional issues under the Army Act and criminal court was extensively discussed.

It appeared that out of 62 cases, 11 cases "elusively involved" central forces and in 26 cases, it was the combined team of Assam Rifles and Police Commandos and 25 cases were solely related to actions carried out by police commandos.

In 25 cases, which involved police commandos, do not seem to have jurisdictional issues and officer(s) involved in these cases are liable to be prosecuted under normal criminal law.

It may be recalled that in the last hearing, the counsel of the State of Manipur informed the court that he had no objection for constituting a Special Investigation Team (SIT) to conduct the investigation.

Colin Gonsalves, Senior Advocate who represents the petitioner had submitted his written argument and the social justice bench will hear further argument on the question of jurisdiction under Army Act.

The hearing will continue on December 8 and 9.If the matter is not heard by December 9, the bench will continue to hold its sitting till December 10 for the final argument.